Town and country planning : model clauses for use in the preparation of schemes (with notes).
- Date:
- 1935
Licence: Public Domain Mark
Credit: Town and country planning : model clauses for use in the preparation of schemes (with notes). Source: Wellcome Collection.
73/118 page 73
![_ 53.—(1) If an existing building or work is such that its erection or carrying out after the date when the Scheme comes into operation would have been permissible with the consent of the Council, or if an existing use of an exist- ing building would have been permissible with such consent had the building been erected after that date, or if an existing use of land is such that if it had been commenced after that date it would have been permissible with the consent of the Council the person having control of the building or work or land may— (a) at any time before the Council have served on him a warning notice apply to the Council for their approval of the building or work or of the continuance of the existing use, as the case may be, and may appeal against a decision of the Council withholding such approval; or | (6) after the Council have served on him a warning notice appeal against the notice, and upon any such appeal the Court [Minister] shall have power, if they [he] think[s] fit, to approve the building or work or the continuance of the existing use, as the case may be. (2) If an appeal is made against a warning notice, the operation of the notice shall be suspended pending the decision of the appeal. (3) If the building or work or the continuance of the existing use is approved under this Clause, the Council shall not be entitled to serve a warning notice, and any such notice already served shall cease to have efiect. . 54. Notwithstanding the foregoing provisions of this Scheme, but subject to the provisions of Clause 56— (a) an alteration of an existing building may be made, if the alteration, together with any previous alteration made to the building since the material date, does not involve the demolition of the building to the extent of more than one half of the superficial area of its main containing walls; (b) an extension of an existing building, other than a building erected in pursuance of permission given by or under an interim development order, may be made and the building as extended may be used for any purpose of the same or similar character as that for which the existing building was used, or for any pur- pose which is in conformity with the provisions of this Scheme, if the Council or, on appeal, the Court [Minister] decide[s] that the extension, with any previous extension made since the material date, does not measure in floor space more than one eighth of the existing floor space, within the main containing walls, and an equivalent extension of floor space could not conveniently be secured on the site of the building without contravening or by contravening in less degree the relevant provisions of this Scheme. 55.—(1) Notwithstanding the foregoing provisions of this Scheme, but subject to the provisions of the next succeeding Clause, where an existing building or a building which was standing within two years before the material date is destroyed or demolished, a new building having no greater cubic content above the level of the ground and, in addition, in the case of premises used for business or Existing buildings and uses of land for which approval may be sought. Alterations and extensions of existing buildings Replace- ment of existing and certain other build-](https://iiif.wellcomecollection.org/image/b3217178x_0073.jp2/full/800%2C/0/default.jpg)
